Your salary when you're sick. Here are the rules:
- If you have a permanent contract, your employer is responsible for continuing to pay your salary for two years if you are sick. In the countries around us, this is often only for a few days or weeks.
- During those two years, your employer must try to reintegrate you. If your employer does not do its best enough to do this, UWV can even extend the period to 3 years.
- You are not entitled to salary if you intentionally caused your illness, for example, if you have to stay home to recover after a cosmetic surgery, which was not medically necessary.
- How much salary will you get during those 2 years? The law is simple: at least 70% of your salary, and in the first year always at least the legal minimum wage. However, you almost always get more from your employer. For example, the first year 90% and the second year 70%. How much you get is stated in your collective agreement or employment contract.
- If your employer did not pay you the proper salary, you can claim it for up to five years, with a raise and interest.
- Your employer can apply a maximum of two waiting days. This means that for the first 1 or 2 days of illness, you don't get paid. This does not happen very often.
- If there are less than 4 weeks between 2 periods of illness, they count as 1 period of illness.
- If you are 100% recovered for 4 weeks or more and you get sick again, you are again entitled to up to 2 years of salary during illness.
- If you have been sick for 2 years and your employer has done everything possible to reintegrate you, your employment contract can often be terminated by your employer. You are then entitled to legal transition compensation.
This blog was written by Mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists entrepreneurs daily with a wide range of employment-related matters. From dismissal cases to drafting watertight contracts and policies – with his practical and personal approach, he helps employers and employees move forward. Want to know more?Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have questions about pay during illness. Please feel free to contact us.
June 2024
